Doctors, nurses, obstetricians, and other involved caregivers are required to be diligent during childbirth because at any moment, the lives of the mother and baby can be at stake. Birth injuries can occur during labor, during the mother’s pregnancy, or even in the moments after delivery.
Damaging birth injuries can result in overwhelming financial burdens. New Jersey birth injury attorneys can protect mothers and their babies when an injury has been inflicted and help collect full and fair compensation.
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Do You Need a Lawyer if Your Child Was Injured at Birth?
Birth injuries are not always a result of negligence. In some cases, an injury is completely out of anyone’s control. However, if you believe your child’s condition was caused by medical negligence, then it’s important to speak with a New Jersey birth injury attorney.
While every situation is different, there are some common indicators that your child’s injury was caused by a medical error:
- Due to a doctor’s oversight, the pregnant mother had infections or other illnesses that went untreated for too long.
- Complications that arose during delivery were not attended to in a timely manner.
- The doctor delivering your baby used excessive force with forceps, a vacuum, or other medical instruments.
- Your child suffered from a lack of oxygen during delivery.
These birth injury causes don’t always constitute negligence. It’s important to have your case fully evaluated if you suspect a medical mistake or oversight from your baby’s birth.
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Financial Compensation for Birth Injuries
Children who have suffered injuries at birth often require costly medical care and specialized services. These expenses can last throughout the child’s lifetime. Any of the following costs may be taken into consideration when determining you total amount of damages and how much you should be compensated for:
- Hospitalization and medical care
- Lost wages and loss of future earning capacity
- Ongoing and future medical care
- Ramps, lifts, and other home modifications
- Rehabilitation and other special services
In addition to calculable costs, you may be awarded compensation for non-economic damages, known as pain and suffering, as well as punitive damages in a birth injury lawsuit.
New Jersey Birth Injury Lawsuit Statute of Limitations
The statute of limitations is a law that determines how much time you have to file a lawsuit. In New Jersey, you have two years from the date of medical negligence to file your claim, according to N.J. Stat. §2A:14-2. After this deadline passes, the court will dismiss any claim.
Two years may seem like plenty of time, however, you should contact an experienced birth injury lawyer as soon as possible. Here’s why:
- Your case still needs to be reviewed.
- Your attorney will likely retain an expert to conduct an investigation of the events leading up to the injury and the steps that should have been taken by the medical professional.
- Your attorney will prepare the lawsuit paperwork.
- Witnesses will need to be contacted.
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How Long Does a Birth Injury Case Take?
A New Jersey birth injury attorney will work on your case until completion, whatever the outcome. There is not an exact amount of time for a medical malpractice lawsuit, but the process can be lengthy, typically months to years. You can expect your case to take at least 18 months.
Costs of Hiring a New Jersey Birth Injury Lawyer
Most birth injury attorneys offer payment on a contingency basis. This means that you pay nothing upfront. The lawyer will get paid only when you win your case, and will then receive a percentage of your recovered damages.
You can expect attorney’s fees to be anywhere from 25% to 40% of whatever you recover and are awarded from your claim.
Speak With Birth Injury Lawyer Group Now
If your child was injured at birth due to negligence, you have a right to demand compensation from all responsible parties. At Birth Injury Lawyer Group in New Jersey, we understand how devastating a birth injury can be. We make it our priority to secure the compensation you deserve so you can build the best life possible for your child.
To learn more, contact us today and schedule a free case review with our birth injury lawyers. We will listen to your needs and concerns, estimate your potential compensation, and fully evaluate your case.